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WPEG article 78 ~ Bell AFFIDAVIT~ of Michael Bell

WPEG article 78 ~ Bell AFFIDAVIT~ of Michael Bell

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Published by pandorasboxofrocks
WPEG article 78 ~ AFFIDAVIT ~ Michael Bell
WPEG article 78 ~ AFFIDAVIT ~ Michael Bell

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Categories:Types, Business/Law
Published by: pandorasboxofrocks on Dec 28, 2010
Copyright:Attribution Non-commercial


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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF JEFFERSONWIND POWER ETHICS GROUPPetitioner-Plaintiff,- against-PLANNING BOARD OF THETOWN OF CAPE VINCENT, andRICHARD EDSALL, TOM RIENBECK,GEORGE MINGLE, ANDREW BINSLEY, andKAREN BOURCY, in their capacities asplanning board members,Respondents-Defendants, andST. LAWRENCE WINDPOWER, LLC,Respondents-DefendantMICHAEL BELL being duly sworn, deposes and says:AFFIDAVIT OFMICHAEL BELLIndex No. 10-28821. I live at 6417 Gosier Road, Cape Vincent, NY in the Town of CapeVincent, and have lived there with my wife Dolores and daughter Raphaela since2007. Previously I lived in the Village of Cape Vincent for six years and have beena resident of Cape Vincent for 45 years.2. Compared to living in the village, my Gosier Road property isapproximately six miles from the village, and one mile from regular traffic on NYSRoute 12E and any other regular road traffic, so it is very quiet, especially at nigh!.3. I have invested a considerable amount of time and money in my homeand, based on my review of the differences between the Cape Vincent PlanningBoard's noise engineers and the noise engineer hired by Wind Power Ethics
Group (WPEG) on the one side, and the noise engineer hired by the developers ofthe St. Lawrence Wind Project (SLW) on the other side, I'm concerned that Iwilllose the peace and quiet I enjoy if the SLW project is approved and built asproposed.4. I have made several comments to the Cape Vincent Planning Boardand Cape Vincent Town Board and no one from the town has addressed myconcerns. That is why I am a member of the WPEG in Cape Vincent.5. I have been attending WPEG meetings to become better informedabout the Planning Board's review of the SLW project proposal since September
6. Our home and property is nearly surrounded by neighbors who signedwind leases with SLW. My home and the finally proposed turbines that willsurround my property are shown in Exhibit A (CR 4697).7. Exhibit B, which is an enlargement of the map at CR 4696, pinpoints myhome and shows that I am surrounded by nine turbines. For the five closestturbines proposed in SLW's SDEIS (CR 2949), the closest turbine is one-third of amile away, two are less than
Y ,
mile away, and two more a little more than
Y ,
milefrom our house. Compared to the SDEIS, the FEIS (CR 4696) shows all fiveSDEIS proposed turbines are in the same location, and one additional turbine isadded close to our home. See Exhibit B. Our situation will therefore be far worsethan most Cape Vincent landowners who live miles away.8. These turbines will be spinning around us whenever we are outdoors,which is nearly all the time. But our spoiled view is not our major problem. In
comments my wife and Isent to the town in a letter dated May 28, 2009 (CR3232) we mentioned a number of concerns, none of which were about the view.Our major concerns are with health and safety, particularly issues that might hurtour daughter.9. Noise is my major concern, although I also expressed to the PlanningBoard concern about shadow flicker. I also have concerns about protecting short-eared owls, as I live in an area with lots of protected owls and don't want to seethem harmed by windmills.10. I am most concerned with wind turbine noise. Itwill destroy the peaceand quiet at my property, which is w,hatmy family enjoys most about our location,and was the main reason we chose to build .our house where it is today on theGosier Road.11. I mentioned in my May 2009 comments (CR 3232) about a sound studydone at our home in 2007 by Clif Schneider (1560 Vincent St, Cape Vincent, NY).He had a professional meter and took sound measurements for a couple dayseach in May and September, 2007. His results (Exhibit C) showed thatbackground noise levels at night were much lower (26 dBA) than those assumedby the developer (37 dBA, CR 4682), and agrees with the Planning Board's ownnoise consultants.12. Clif Schneider also submitted to the Planning Board comments onSLW's DEIS on June 12, 2007' and used our situation as an example. Heexplained to the planning board how Acciona's proposed wind project turbines
1 Schneider's DEIS comments are not part of the Certified Record and his comments have beenremoved from the DEIS and FEIS seotions of SLW's website. They were, however, included inthe copy of SLW's FEIS availabie at the Cape Vincent Community Library and are attachedhereto as Exhibit D.

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